Introduction

These terms, together with our Privacy Policy, Responsible Gambling Policy and any other policy or document referred to within these terms, contains the terms and conditions (the "Terms") on which Totus (‘we’, ‘us’ and/or ‘our’) make our online betting account services (the "Services") available to you. Please read these Terms carefully and make sure that you understand them before using the Service. You agree that by opening an Account and using the Service that you will be bound by these Terms.

On opening an Account you will be asked to confirm that you have read and understood the Terms by clicking a button that says ‘I agree’. Clicking this button means that you will have agreed to a legal contract. Please do not accept the Terms if you do not wish to enter into the contract. If you accept the Terms in error then please contact us immediately so that we can cancel your Account.

We may make changes to the Terms from time to time and we will notify you in advance of any such changes. Your continued use of the Services after the date of notification will be deemed as your acceptance of the changes. Please ensure you check the Website periodically.

Summary of Services provided

Totus is an authorised Agent for a selection of Bookmakers and Betting Exchanges (“Bookmakers”)

As an Agent, we are authorised by our partner Bookmakers to establish betting accounts so that our customers can place bets with our partner Bookmakers

We receive funds deposited by our customers and make those funds available for betting purposes with Bookmakers. Funds held by Totus on behalf of our customers are held on a segregated Client Account and are protected by Isle of Man gambling law

We make available to our customers a record of all betting and funding transactions and settle with Bookmakers each week on behalf of our customers

1. DEFINITIONS

1.1. There are a number of important words or phrases that feature prominently within these Terms. It is important that you understand the specific meaning of the following words or phrases:
“Account” means the unique username and password combination which grants you access to our Website and the Services made available to you.
“Bookmakers” are Bookmakers and Betting Exchanges with whom we provide you betting accounts
“Betting Software” means any computer programme or application, whether developed by you or for your use by a third party, that assists in the placement of Bets
“Website” means our online betting Services which are made available online at www.totusbet.com
“Bets” means all betting transactions into which you enter with Bookmakers

2. WHO WE ARE

2.1. The Services are provided by Totus Limited, a company incorporated in Isle of Man under company number 130347C with our place of business at 1st Floor, Cumbrae House, Market Street, Douglas, IM1 2PQ, Isle of Man. Totus Limited is licensed and regulated by the Isle of Man Gambling Supervision Commission. We may be contacted via contact details provided on the Website or by other means communicated to you directly.

2.2. In order to provide the Services we may use the assistance of other companies, which may include companies within our group of companies or independent suppliers. To this extent we may have to provide those third parties with your details but will only do so subject to all applicable data protection laws. We will never share your details with independent suppliers for marketing purposes unless you give us prior consent to do so.

3. REGISTRATION & ACCOUNT ACCESS

3.1. By creating an Account you agree that:

a) you are the person whose details are provided in connection with your registration or, in the case of legal entities, you are a duly authorised representative of the relevant legal entity,

c) you agree to notify us immediately if any of your registration details change. In the case of legal entities, this includes, but is not limited to, changes in ownership and/or control of the entity,

d) you are at least 18 years old or at least the minimum age for gambling in the country where you are located (whichever is greater),

e) you are of sound mind and fully capable of entering into this legal contract,

f) you are not prohibited from using or accessing the Services in the country where you are currently located. You may not use the Services if use would be illegal in the jurisdiction in which you are located, and

g) you do not have a gambling addiction or dependency and have not asked us or anyone else to exclude or limit your gambling activities.

3.2. Your Account may only be opened under your own full legally recognised name. You may not create an Account under another person's name or a fictitious name, nor may you use another person's Account.

3.3. You may not permit third parties to use your Account. If you do (which includes third party access as a result of not adequately safeguarding your login credentials) you will be both responsible and liable for the actions of those third parties. It is your responsibility to ensure that login and password are not written down anywhere, are not obvious or predictable and are not disclosed to anyone else.

3.4. One Account is permitted per individual (or legal entity). We reserve the right to cancel any duplicate Accounts and to offset any losses owed to us arising from all Accounts believed to be under your control.

3.5. If we believe that you are underage or you have not satisfied any age validation requests upon Account creation or at any other time then we may suspend and/or terminate your Account and will endeavour to reverse any transactions. Any winnings owed to you will not be paid out. Any winnings previously paid out to you will be deducted from your funds held by us.

3.6. Before using the Service, you must personally complete the registration process and read and accept these Terms.

3.7. Before your Account can be opened for betting purposes, we will require you to become a verified customer by providing valid proof of identification and any other document as it may be deemed necessary (including, but not limited to, a copy of your passport, driver's licence or national ID card, and a recent utility bill listing your name and address as proof of residence). We reserve the right to restrict your use of the Account until any such required information is received.

4. ACCOUNTS AND FUNDS

4.1. Before you can access the Services you will either need to a) deposit funds into your Account or b) complete a Credit Application Form and be approved for the use of a credit facility (please see section 4.3 below). Funds can be deposited by direct bank transfer to the Totus’ Client Account or via any other electronic means listed within the payments/funding pages on the Website.

4.2. In making and receiving payments you agree that:

a) you will be subject to the terms of use imposed by your bank or payment provider,

b) you will not cancel or reverse any payments initiated by you,

c) deposited funds will only be available for your use once they have been received by us, and

d) the risk of any currency exchange fluctuations will be borne by you.

4.3. The provision of credit is subject to the following:

a) the completion of a Credit Application Form, approval of the credit facility by Totus, and your agreement of the terms set out in this section,

b) the credit limit will be set by us and may be reviewed at any time,

c) if we agree to an increase in credit then it will not take effect for at least 24 hours after the request was made,

d) we may reduce or extend credit at any time including withdrawing the credit (either in part or in total),

e) we may at any time ask you to pay any sums due to us and you will do so by the time and in the manner specified by us,

f) if any sums due to us are not repaid when requested, we may need to take legal action against you for recovery of the amounts owed to us together with interest and legal costs,

g) you may not gamble on credit where you are unable to pay any money due to us immediately on request,

h) we may draw on your credit to settle any amounts due to third parties (whether or any bets or for any commission or other liabilities, costs and expenses owing to third parties), and

i) if you owe us money under your credit facility then we may refuse to pay any money owing to you in your Account and you agree not to withdraw any money in that Account until such time as that outstanding credit is repaid in full, and repayment of credit will not in itself constitute a cancellation or termination of the credit facility

4.4. Funds held by us on your behalf will be held on a segregated Client Account and protected under Isle of Man gambling law. Winnings owed to you by Bookmakers will not be protected until they have been received by us from Bookmakers and credited to the Client Account. Please see 4.6. below for details of the weekly settlement process with Bookmakers.

4.5. Withdrawals can be requested via the payments/funding pages after logging in to your Account. Only funds held in the Client Account can be withdrawn. Withdrawals will be sent via bank transfer to your designated bank account and may take up to 5 business days to arrive.

4.6. Settlement with Bookmakers will occur weekly on Monday in relation to all Bets settled during the previous week (05:00 Monday to 05:00 Sunday in GMT). Settlement Thresholds will be agreed with you at the point of Account creation and may be amended from time to time by mutual consent.

4.7. Where currency conversion is necessary to provide the Services (e.g. by redistributing funds between Bookmaker accounts, or by withdrawing winnings owed to you from Bookmaker accounts to the Client Account), we will endeavour to minimise any associated currency exchange costs. Primarily we will look to minimise the transfer of hard currency wherever possible. However, any costs incurred as a result of currency conversion and any risk associated with currency conversion fluctuations will be borne by you.

4.8. If an Account is inactive for 12 months we will attempt to repay any outstanding balance (minus any applicable banking charges) into your designated bank account. If this repayment is unsuccessful for whatever reason, we will make a charitable donation in your name to an appropriate organisation or cause that helps to promote research, support and education in the field of problem gambling.

4.9. If your Account is suspended or closed pending investigation of a suspected material breach then we may retain any outstanding funds in your Account until the investigation has been resolved. Any amount owed to us following resolution of a material breach may be offset against any outstanding funds in your Account.

4.10. Upon closure of your Account (for any reason other than a material breach) we will:

a) prepare a final statement of all your transactions and determine whether any funds are owed to you or us,

b) if funds are owed to you then we will pay those funds into your designated bank account, less any applicable bank charges and costs, within seven days

c) if funds are owed by you to us then we will notify you of the amount due which you will pay within seven days.

4.11. It is your responsibility to account for any taxes on your winnings (if any) and to satisfy any reporting obligations on your earnings and financial transactions.

5. BOOKMAKER ACCOUNTS & BETTING RULES

5.1. By placing Bets and utilising other online services (e.g. retrieving account balances and/or transaction history) provided by Bookmakers you confirm that you agree to the terms and conditions and betting rules of the Bookmaker. Where there are discrepancies between these Terms (specifically the terms that relate directly to Bookmakers) and the terms and conditions and betting rules of the Bookmaker, then the terms and conditions and betting rules of the Bookmaker shall prevail. A link to the terms and conditions of each of the Bookmakers we provide you with access to can be found within the Account pages of the Website.

5.2. A bet will be deemed to be accepted once the Bookmaker provides you with a confirmation number or reference. A bet submitted by you but not yet confirmed may not be cancelled by you.

5.3. The amount you may bet in any single transaction will either be specified in the betting rules of the Bookmaker or by the Bookmaker when you place your bet. Bookmakers may accept or decline the whole or any part of your bet up until they issue their confirmation.

5.4. The total amount you may bet at any given time across all Bookmaker accounts under your control must not exceed the total of any funds held on your behalf on the Totus Client Account at the start of the current week (05:00 Monday GMT) plus any credit made available to you. Any winnings owed to you held by Bookmakers may not be utilised for betting purposes. We will actively monitor your betting and reserve the right to suspend your Account if your betting exceeds the limit described above.

5.5. The availability of a betting event does not guarantee the continued availability of this event for betting purposes. Bookmakers reserve the right to suspend or cancel betting events at any time and at their sole discretion.

5.6. You are fully responsible and liable for all Bets and for all related profits, losses and other liabilities, including (without limitation) choice of Bets, accuracy, amounts staked and setting and/or compliance with applicable betting limits. You understand and accept that you may lose money on Bets and that you bear full responsibility for all and any losses. Under no circumstances will we or our partner Bookmakers be liable for such losses.

5.7. Bets will be settled in accordance with the official result as determined by the relevant sports federation or governing body. In the absence of such ruling, results shall be determined at the sole discretion of the Bookmaker.

6. ERRORS, DISPUTES, CANCELLATIONS & VOIDS

6.1. If funds are credited to your Account or Bookmaker accounts in error, we will notify you as soon as this comes to our attention and reverse the transaction. Where funds credited to you in error have already been withdrawn by you or paid to you then you will hold those funds on trust until such time as the error has been properly resolved.

6.2. In some cases it will be clear that Bets have been placed and/or accepted in error. Circumstances that represent an error include:

a) The prices and/or conditions of a Bet are clearly wrong

b) Bookmaker accounts or systems are clearly not performing properly

c) Bets are accepted by Bookmakers even though it is clear that the expiry date for placing that bet has passed

In these circumstances our partner Bookmakers may either correct the error and deal with the Bet(s) on the basis of the corrected positions, or declare the bet void

6.3. Bookmakers may from time to time void an individual Bet, group of Bets, or all Bets on a given selection or event, at their sole discretion. Ordinarily Bets will be void due to (but not limited to) system errors, suspicious betting activity or event cancellation or postponement.

6.4. Bookmakers reserve the right to void Bets if the Bookmaker knows or reasonably suspects that an event on which a Bet is made has been fixed or if there is any other form of match-fixing.

6.5. Where there is a discrepancy between the time of Bet placement as recorded by your own system and the time the Bet request was received by the Bookmaker according to the Bookmaker’s records, the Bookmaker’s record will be deemed to the be the accurate record of the time the Bet was placed.

7. YOUR RESPOSIBILITIES & LIMITATIONS OF THE SERVICE

7.1. If, at any time, funds are incorrectly credited to your Account, it is your responsibility to inform us as soon as this comes to your attention.

7.2. Where you utilise Betting Software to assist or execute your betting strategies, it is your responsibility to ensure that any Account information made available by you to the Betting Software (e.g. login details) is transferred, stored and updated securely. Any losses arising from any account breach as a result of your choice to utilise Betting Software in this manner.

7.3. It is your responsibility to ensure that your equipment is properly secured by up-to-date and effective security software, particularly in respect of malware and other devices which allow the interception of logins and passwords.

7.4. You may not use the Service if you live in any of the following countries: United States of America, United Kingdom, Hong Kong, Singapore.

8. SECURITY AND MONEY LAUNDERING

8.1. As part of our Know Your Customer (‘KYC’) procedures we will ask you to provide proof of age, identity and address before you will be granted use of the Services.

8.2. Your continued use of our Services is conditional upon allowing us to perform independent verification checks which may require the disclosure of your personal details to third parties for these purposes only. We may also ask you to provide details of the source of any funds, source of wealth, and/or verification of the ultimate beneficial ownership of any corporate body (if applicable) and to provide certified and/or notarised copies of your evidence of identity or other documents.

8.3. If you do not provide the verification information we require then we may suspend and/or terminate your Account. Similarly, if we believe your Account is being misused (either by yourself or is being used by third parties) then we may suspend and/or terminate your Account.

8.4. We may be required by money laundering regulations to suspend your Account and/or to block any funds transfers or payments to you. If this happens then we may be prohibited by law from giving you an explanation pending clearance or other instructions from the relevant authorities.

9. UNACCEPTABLE, ILLEGAL AND FRAUDULENT USE

9.1. Any of the following will be considered to be unacceptable use and a material breach of these Terms which may result in termination of your Account:

a) introduction of any viruses, Trojans, malware and anything similar or related into our systems or those of any other players using the Services,

b) in any way interfering with or affecting the performance or availability of the Website or Services, and

c) any threats, abusive language, pornography and any communications the content of which are illegal.

9.2. Any of the following will be considered to be an illegal or prohibited activity and is therefore not permitted under any circumstances:

a) the circumvention of our security technology, procedures and policies,

b) use of any information or access to any systems gained illegally, by deception or otherwise which gives you an unfair or sole advantage, and

c) the exploitation of a loophole, failing or fault in our systems or any other services which make up the Services which gives you an unfair or sole advantage.

9.3. Any of the following will be considered fraudulent activity and may lead to criminal prosecution:

a) unjustified charge-backs and use of funds not belonging to you,

b) withdrawal of funds from a bank account which you are not authorised to do so,

c) the provision of false and/or misleading information, and

d) any act by you which is illegal, made in bad faith or which is fraudulent.

9.4. If we suspect or have evidence of any act or event arising in this section then we reserve the right to notify the relevant enforcement authorities and credit reference agencies, providing them with full details.

9.5. Where you suspect or know that another person may be participating in or furthering any of the above then you must inform us immediately, providing us with such information as we reasonably require.

10. SERVICE AVAILABILITY

10.1. The Service will be made available on a continual basis except for periods of planned maintenance and upgrades (which we will endeavour to give you prior warning of) and for any emergency maintenance (which may happen at any time). We do not, however, guarantee an uninterrupted Service. If a problem arises with the provision of the Services, then we will take all reasonable steps to rectify that problem and resume the Services as soon as reasonably possible.

11. CANCELLATION & TERMINATION

11.1. You may at any time give us notice that you wish to close your Account. Upon receipt of your notification we will render your Account inactive, which means that you will no longer be able to use the Services, add funds to (or withdraw funds from) your Account or undertake any other activities. Any funds due to you will be repaid in accordance with section 4.10 of these Terms.

11.2. Without prejudice to any other rights we may have, we may terminate your access to your Account immediately and without liability in any circumstances including if you:

a) cease to be able to pay your debts as they fall due or if you enter into insolvency or administration proceedings, make an arrangement with creditors, or take or suffer any similar or analogous action in any jurisdiction,

b) provide to us any false, misleading or otherwise inaccurate information, or

c) it becomes apparent that you are unable to impose reasonable and sensible limits on the level of your betting (though nothing shall require us to actively monitor your usage)

11.3. Either party may terminate this contract on giving notice in writing to the other party if the other party commits any material breach and, in the case of a breach capable of being remedied, has failed within 30 days after the receipt of a request in writing from the first party to do so, to remedy that breach.

11.4. If you have entered into a self-exclusion agreement or arrangement with us then we will immediately close your Account and all Bookmaker accounts provided to you by us. Any funds due to you will be repaid in accordance with section 4.10 of these Terms.

12. DATA PROTECTION & PRIVACY

12.1. The personal information you provide to us will be processed in accordance with our Privacy Policy.

12.2. We will only process your personal data in accordance with applicable data protection laws and as provided for in these Terms.

13. INDEMNITY

You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and/or your breach or non-compliance with these Terms.

14. OUR LIABILITY TO YOU

14.1. If we fail to comply with these Terms then we will be responsible for loss or damage you suffer which is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by both of us at the time we entered into these Terms.

14.2. We do not in any way exclude or limit our liability for:

a) death, or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation; or

c) any other matter for which it would be illegal for us to exclude or attempt to exclude or limit our liability.

14.3. We exclude liability to the extent permitted by law for:

a) loss of data,

b) loss of revenue, and

c) any indirect, special or consequential loss or damage, even where the likelihood of this has been communicated to us.

14.4. In all other respects our total liability to you is limited to no more than one and a half times the sums received from you, or from our partner Bookmakers in relation to your activity, in using the Service in the six-month period preceding any such claim or claims.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes you agree to this electronic means of communication. Any notices given by electronic means to us will only be deemed to be served when receipt has been confirmed by us (but not via an automatic notification or "out of office" reply).

16. NOTICES AND COMMUNICATIONS

16.1. All notices given by you to us must be given to Totus Limited trading as Totus at:

16.2. We may give notice to you at either the e-mail or postal address you provide to us when registering an account (or as updated by you at any time thereafter). Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that delivery was not rejected or otherwise failed. Any notices sent to us by e-mail will only be deemed to be valid if they are also sent to us by post.

17. COMPLAINTS

17.1. If you have a complaint then please contact us in the first instance.

17.2. Both parties must use all reasonable endeavours to resolve a complaint within 28 days of it being brought properly to the attention of the other party. If we are unable to resolve a complaint then you can seek independent arbitration from the Isle of Man Gambling Supervision Commission. Further information and contact details can be found here https://www.gov.im/categories/business-and-industries/gambling-and-e-gaming/player-protection/.

18. RESPONSIBLE GAMBLING

18.1. We recognise that some of our customers may experience difficulties either now or in the future in limiting their gambling. If you are experiencing difficulty limiting your gambling, or have good reason to believe that you might start to develop difficulty limiting your gambling, then we recommend that you consult our Responsible Gambling Policy.

18.2. You may at any time ask to self-exclude and if you do we will not permit you access to the Services (permanently or for a limited period), we will not allow you to open any new account for the period of your self-exclusion, and we will not send any marketing or promotional material to you.

19. EVENTS OUTSIDE OF OUR CONTROL (‘FORCE MAJEURE’)

We shall have no liability for any delays or failures which result from circumstances beyond our reasonable control.

20. AMENDMENTS

We reserve the right to make changes to these Terms at any time. It is your responsibility to check these Terms from time to time to ensure that you agree with them. Your continued use of the Services will be deemed to be your acceptance of any changes we may make.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

21.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations.

21.2. You may only transfer your rights and obligations under these Terms if we agree to this in writing.

22. WAIVER

22.1. If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled then this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

22.2. A waiver by us of any default will not constitute a waiver of any subsequent default.

22.3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.

23. SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, then that provision will be severed from the rest of these Terms, which will continue to be valid to the fullest extent permitted by law.

24. ENTIRE AGREEMENT AND INTERPRETATION

24.1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.

24.2. We each acknowledge that, in entering into these Terms, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.

24.3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract only.

24.4. Where a list is given or the word "including" is used then this is not intended to be an exhaustive list.

25. LAW AND JURISDICTION

25.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Manx law. Any dispute or claim arising out of or in connection with the Terms or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Isle of Man.

25.2. Gambling debts are enforceable in the Isle of Man.

26. THIRD PARTY RIGHTS

A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.